B.L. LOOMBA, J. - (1.) The petitioner 21 in number are students of G.S.V.M. Medical College, Kanpur. They were admitted in M.B.B.S. course in the year 1982, they appeared in the first professional examination in October, 1984 but unfortunately they failed in some papers and had to appear in the supplementary examination held six months later, that is, in April 1985 and were successful. Since June, 1985 they have been attending the second professional course classes along with their batchmates who had passed the first professional examination held in October, 1984. The petitioners' case is that the second professional examination is likely to be held in June, 1986 and that the petitioners may also be permitted to appear in this examination along with their batchmates. The petitioners are said to have approached the Principle of the said Medical College requesting him to arrange special classes to enable the petitioners to complete the requisite number of 75% attendance of the total number of teaching classes so as to become qualified for appearing at the said examination. Their grievance is that the Principal has refused to accede to their request while similar request was accepted by the Principal, of the King George Medical College Lucknow. Copy of the order of the Principal of the Lucknow Medical College has been appended as Annexure to the writ petition. The writ of mandamus has been sought against the Principal of Medical College, Kanpur directing him to arrange special classes for the petitioners and to permit them to appear in the second professional examination along with their original batchmates.
(2.) Writ Petition has been contested by the respondents and in the counter-affidavit filed on their behalf it has been stated that according to the recommendations of the Medical Council of India the duration of the M.B.B.S. course is of 4 years, divided in three professional examinations to be conducted by the University at an interval of 1 years. And after passing the first professional examination a student has to undergo three years training in the para-clinical and clinical subjects. It has also been stated that in pursuance of the recommendations of the Medical Council of India the ordinance has been framed by the Kanpur University expressly laying down that the second professional examination shall be held at the end of the instructions in the para-clinical subjects which will be imparted from 18 months after passing the first professional examination collaterally with the instructions in the clinical subjects ordinarily in the month of June or July on the completion of the period of 18 months. It is also mentioned that 75% attendance in theory and 80% attendance in demonstrations and practical is necessary for making a candidate eligible to appear at the professional examination. It has as such been pleaded that in view of the statutory requirement it is not open to the Principal to permit the petitioners to appear at the second professional examination proposed to be held in the month of June, 1986, and that the petitioners can lawfully be eligible to appear at the second professional examination which will be held sometime in December, 1986 because it is fully in November, 1986 that they shall have completed the duration of instructions for the period of 18 months after passing the first professional examination.
(3.) In the rejoinder affidavit it has been contended on behalf of the petitioners that the only statutory requirement for eligibility for appearance at the second professional examination is that of attendance of the prescribed minimum number of classes and practicals while there is no fixed term of instructions of 18 months. This plea raised on behalf of the petitioners is obviously untenable in the face of the recommendations on the subject of the Indian Medical Council reproduced in the counter-affidavit filed on behalf of the respondent fortified by the statutory provision in the form of statutes of the Kanpur University, relevant portion whereof is extracted below. "The second professional examination shall be held at the end of the instruction in the para-clinical subjects which will be imparted from 18 months after passing the First Professional examination collaterally with the instruction in the clinical subjects ordinarily in the month of June/July or on completion of the period of 18 months.";